Effective October 1, 2021, legislative amendments were implemented in Manitoba to allow for remote (videoconferencing) witnessing of Land Titles instruments and other evidence and documentation required for registration.
Best witnessing practice remains that the executing party is to execute the instrument in the physical presence of the witness; however, where that is not an option review the following to determine remote (video) witnessing requirements:
• Remote Witnessing of Land Title Instruments governed by The Real Property Act
o Section 72.10, The Real Property Act
o The Real Property Act Remote Witnessing Regulation 83/2021 (the “RPA Regulation”)
o The Video Witnessing Certificate (Form 32) as per section 7(2) of the RPA Regulation – the Form 32 can be found here: teranetmanitoba.ca/land-titles/land-titles-forms/
• Remote Witnessing of Other Documentation
o The Remote Witnessing and Commissioning Act amended the following Acts to allow for remote witnessing of documentation governed by those respective Acts
- The Manitoba Evidence Act
- The Health Care Directives Act
- The Homesteads Act
- The Powers of Attorney Act
- The Wills Act
o These Acts each have their own respective regulations which set out the requirements for remote witnessing of forms, affidavits, and other evidence